The client renting a dedicated server from FishNet is presumed to have the knowledge and capability to securely maintain the server(s) under its control. This includes all aspects of server administration for all Internet services provided on the dedicated server.

FishNet reserves the right to inspect the configuration of all dedicated servers on its network to insure proper configuration and operation. FishNet will respect the confidentiality and proprietary nature of all client data.

FishNet Provided Services

• FishNet provisions the server hardware and the physical and network infrastructure to connect it to the Internet. This includes power, space, climate control, and hardware maintenance on the server. Hardware failures due to normal wear and tear are the responsibility of FishNet.

• On Windows 2000 servers, FishNet will provide 5 CALs for each server configured in per-server mode. Clients may change to per-seat mode if desired. In either per-server or per-seat mode, it is each client's responsibility to insure that all seats have a CAL if required beyond the 5 initially provisioned by FishNet. Each client is liable for payment of all fines and/or penalties assessed against it or FishNet for inadequate CALs.

  Serving web pages via IIS is covered under the standard Windows 2000 license, as long as service is done via the IIS anonymous user. If you set up IIS password protected web pages, these require CALs.

  Please keep in mind that Microsoft restricts the ability to change back and forth between per-seat and per-server modes. Be sure that you understand this before making changes.

  Additional CALs are available from FishNet by either monthly rental of FishNet owned CALs or by outright purchase of retail CALs. FishNet CALs rent for $4.00 per month each. A 5 pack bundle of retail CALs are available for purchase at $192.97; a 20 pack of retail CALs are available for purchase at $771.89. These prices are subject to change without notice.

• Windows Terminal Services have a different licensing procedure. If you run TS, you are responsible for insuring that your use is in compliance with Microsoft licensing policy. FishNet does not provide any TS CALs, as these depend on the client side software. If you wish to purchase TS CALs we will be glad to provision these for you.

• FishNet will provide limited services that require physical presence with the server, such as changing backup tapes (if part of the contracted service), or manually rebooting the server.

• There is no warranty of any kind, either for operation or security, on the software installation of the server beyond the initial delivery of an operational system to the client, configured as agreed upon between FishNet and the client.

• Except as specifically contracted between FishNet and the client, there is no backup service provided for client data. Hardware, software and/or other failures may result in irreversible loss of client data. It is the responsibility of the client to provision backup service as fits its specific need. In any failure case, except as previously agreed upon between FishNet and the client, FishNet's responsibility is limited to restoring the server as originally provisioned.

FishNet Chargeable Services:

All service provided outside the scope of the service described above is chargeable to the client. This includes software installation or configuration not included in the service provided by FishNet, or additional hardware that is installed on the server.

All such additional service will be provided at standard consulting rates during normal office hours. Emergency service after hours required for any reason other than failure of hardware or basic FishNet infrastructure may result in premium service charges. All such premium charges will be communicated to the client prior to performing the service.

Software Services / Licensing:

• Except for the base operating system installed on the server(s) and software specifically installed by FishNet as part of the server rental, the client is responsible for all software licensing for software installed on the leased server(s). Client is liable for payment of all fines and/or penalties assessed against it or against FishNet for violation of any licensing agreement(s) with respect to software installed by client on the server(s).

• Running a news server with only private newsgroups is acceptable practice. In no case will a news server be configured to take a feed of any public newsgroups.

• Servers running e-mail are permitted to relay only domains that are hosted on that server. In no case will relay of a non-local domain be permitted without the express consent of FishNet.

• CGI services are the single largest security issue on an open Web server. The client is responsible for all security and maintenance of CGI scripts installed on the server.

Security:

• Unless security monitoring service is specifically contracted to FishNet, the client is solely responsible for monitoring security issues for the software services running on its servers. While FishNet may, as a courtesy, provide security and virus alerts from time to time, the client is solely responsible for obtaining and responding to security updates for the services it provides.

• All patches and configuration changes to maintain proper security must be applied in a manner fitting the severity of the problem. Widespread root access bugs require immediate response to insure that service is not compromised.

• If any break-in is either suspected or actually detected, the client must contact FishNet support personnel immediately.

Penalties:

Managing the after effects of insecure server configuration is time consuming and costly to FishNet. Among other things, this includes answering complaints by outsiders and insuring that server software is up to date and properly configured to avoid repeating the situation. To that end, the following penalties may be imposed in specific situations:

• Running an open e-mail relay configuration, even if not actively exploited by spam relay, will result in a charge of USD $100.00 for the first violation. All subsequent discoveries of an open e-mail relay will result in a charge of USD $200.00 per violation.

• Actual exploitation of an open e-mail relay by spam relay will result in a USD $500.00 charge for each occurrence.